©EPA
Case Studies in Tribal Water Quality Standards Programs
             United States
             Environmental Protectic
             Agency
           Confederated Salish & Kootenai
           Tribes of the Flathead  Reservation
Introduction
                                                                                  July 2006
                                                                                  EPA-823-R-06-007
 The Confederated Salish and Kootenai Tribes live in the
 Flathead Indian Reservation, a high country area of the
 west where high quality streams drain into Flathead Lake.
 The Tribes wish to maintain the integrity of their streams
 and the high quality of Flathead Lake, the largest natural
 freshwater lake  in the western United States.  Common
 pollutants threaten the quality of these waters. The Tribes
 have established a water quality standards program to
 preserve the high quality waters and restore those that
 have been degraded.
Tribal Background
The Confederated Salish and Kootenai Tribes (Tribes) of the Flathead Indian Reservation are comprised of the Bit-
terroot Salish (Squelix'u), the Pend d'Oreille (Qlispe1), and the Kootenai (Ktunaxa) Tribes. Approximately 63 percent
of the 1.3-million-acre Flathead Reservation is owned by the Tribes or individual tribal members. Thirty-two percent is
privately owned fee land, and five percent is federally or state owned. Agriculture (farming and grazing) and forestry
are major land uses, although a significant portion of the reservation is maintained as wilderness. The roughly 26,500
residents live in six small towns and several smaller communities. Forty-three percent of those residents are Native
American and 17 percent are enrolled members of the Confederated Salish and Kootenai Tribes. Another 3,300
tribal members live off the reservation.

Reservation water resources include all or part of the Flathead, Jocko, and Little Bitterroot river systems, the southern
half of Flathead Lake, hundreds of streams, extensive and diverse wetland systems, and large groundwater aquifers.
There are also more than 1,200  miles of irrigation canals and 17 reservoirs on the reservation.  The canals provide wa-
ter delivery to the Flathead Indian Irrigation Project, which consists of approxi-
mately 127,000 acres. Flathead Lake is one of the least polluted large lakes in
the northern hemisphere. Streams entering and originating in the high country
of the reservation are generally of good to excellent quality, but water quality
deteriorates as the streams cross the valley floor. Sediment, pesticides, fertil-
izers, and in some cases, toxic chemicals in the streams and lakes result from
forestry, agriculture, irrigation, construction, and urban and rural development.
In general, water quality data indicate an increase in nutrients, suspended
solids, and total dissolved solids at the mouth of most tributaries.
                                             Confederated Salish & Kootenai Tribes
                                               of the Flathead Indian Reservation
                                                                  flatheaii Lnkr
                                                                    Montana
The Tribes' Natural Resources Department, created in 1982, employs approxi-
mately 135 staff.  In 1988, the Department established the Division of Environmental Protection.  This Division over-
sees the water quality standards, shoreline protection, air quality, solid and hazardous waste, non-point source, and
wetlands programs. Today, the Tribes are faced with a number of water quality and environmental problems. These
include:

•   improper irrigation practices and irrigation returns flows
 •   improper forestry and logging practices
 •   poor stormwater management
 •   declining native riparian habitat
 •   loss of fishery and spawning habitats caused by sedimentation
 •   improper application of herbicides and pesticides
 •   increased nutrient concentrations in surface waters and shallow aquifers
 •   stream flow modifications

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 Water Quality Standards
The Tribes have been involved in efforts to improve water quality on the Flathead Reservation since at least 1974 when
representatives were appointed by the Tribes to attend state water-study team meetings. In 1982, the Tribes created a
Shoreline Protection Office and  in  1983 they began regulating dredge, fill, construction, and bed and bank alteration
activities on Flathead Lake, streambeds, and wetlands throughout the reservation.

In 1989, the Tribes applied for and  received approval for Treatment in a manner similar to a State (TAS) eligibility under
section 106 of the Clean Water Act (CWA). The Tribes began digitizing existing water quality data for the reservation,
and in 1990, adopted a Water Quality Management Ordinance. That same year, the Tribes applied for TAS eligibility
for the Water Quality Standards  Program under Section 303 of the CWA. In 1992, the Division of Environmental Protec-
tion began reservation-wide monitoring and drafted interim water quality classifications and water quality standards.  In
1995, EPA approved the tribes' application to administer the Water Quality Standards Program and the Tribal Council
adopted the water quality standards under tribal law.  EPA approved the standards under the CWA in 1996. Once
approved, these standards were used to help establish limits in National Pollution Discharge Elimination System (NPDES)
permits.  The Tribes are conducting a triennial review of their water quality standards, and plan to revise the mixing
zone and antidegradation components of their water quality standards.

EPA Region 8 worked closely with the Tribes to develop their water quality program. EPA encouraged the free ex-
change of ideas and provided the Tribes with an array of services, including:
 •   technical guidance materials and assistance
 •   training in the form of workshops and meetings
 •   annual funding in the form of grants to support the Water Quality Standards Program
 Successful Application
The Tribes continue to maintain a successful water quality standards program that focuses both on day-to-day imple-
mentation issues and project-specific activities. Tribal activities to address environmental problems include:
 •  a successful education and outreach program on water quality standards
 •  several restoration projects that have reduced high nutrient concentrations from agricultural wastes entering the
    watershed and several watershed water quality improvement projects
 •  activities to control stream erosion
 •  the construction of storm drain outfalls with oil and grease separators
 •  a cooperative effort with shoreline landowners to develop successful shoreline management strategies
 •  the establishment of best management practices (BMPs) for forest management
The Tribes are also addressing nonpoint source pollution on their reservation. They received TAS for CWA Section 319
upon completion of a nonpoint source assessment and nonpoint source management plan. This qualified them to
apply for Section 319 base funding. In 2001 they hired a Nonpoint Source Coordinator.  The Tribes are partners in an
evaluation of total maximum daily load (TMDL) issues in  Flathead Lake and entered into a cooperative TMDL Memo-
randum of Understanding with EPA and the State of Montana in 2001 to address nutrient enrichment in the lake.

The Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation realize that their watershed ap-
proach to nonpoint-source problems is an ambitious undertaking, but they are confident that they are moving in the
right direction. The Tribes have emphasized that where they are today is  not as important as the direction in which
they are headed.
     Tribal water quality standards approved by EPA, including the Salish and Kootenai can be viewed at:
     httD://www.eDa.aov/waterscience/standards/waslibrarv/tribes.html
 For Further
 Information, Contact:
 Paula Webster
 Confederated Salish & Kootenai Tribes of the Flathead Reservation
 Natural Resources Department
 Division of Environmental Protection
 P.O.  Box 278
 Pablo, MT 59855
 phone: 406-675-2700
 e-mail: paulaw@cskt.org
 Website:  httD://www.cskt.ora/tr/epa.htm

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